Drake v Chief Executive, Office of Liquor and Gaming Regulation

The applicant, Louis Samuel Drake, sought a review of a decision by the Chief Executive of the Office of Liquor and Gaming Regulation (OLGR) to cancel his approval as an approved manager under the Liquor Act 1992. Drake had applied for and been granted an approved manager’s approval but later faced allegations of fraud. After a second police check revealed Drake had been charged with fraud in 2011, the OLGR issued a show cause notice proposing to cancel his approval. Drake did not respond to this notice, and the OLGR subsequently decided to cancel his approval. Drake applied to the Queensland Civil and Administrative Tribunal (QCAT) to review this decision, seeking to have the cancellation set aside and his approval reinstated.

The key legal issues before QCAT were whether the decision to cancel Drake's approval was justified under the Liquor Act, and if not, what appropriate alternative sanction might be. QCAT had to consider whether Drake was a "suitable person" to hold the approval, as required by section 142R(2) of the Act. The Tribunal also had to determine whether new evidence could be introduced, given Drake's claim that he had not received the original show cause notice.

QCAT found that while Drake's conduct did warrant some sanction, the events as a whole did not justify cancelling his approval. The offences had occurred over five years prior, Drake had made restitution, and he had provided excellent references. While the OLGR guidelines recommended cancellation for fraud offences, the Tribunal found the circumstances of this case did not warrant such a severe penalty. Instead, QCAT ordered that Drake's approval be suspended for six months from 17 August 2012. Given that more than six months had elapsed since the original decision, QCAT announced its decision at the hearing.

The final orders of the Tribunal were that the decision of the Chief Executive to cancel Drake's approved manager's approval be set aside, and in substitution that the approval be suspended for a period of six months from 17 August 2012. The Tribunal also ordered that Drake's approval be suspended for six months from 17 August 2012.